SB 838: Housing Accountability Act: housing development projects.

Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. Existing law defines, for its purposes, a housing development project as a use consisting of, among other things, mixed-use developments consisting of residential and nonresidential uses meeting one of several conditions, including that at least ²/₃ of the new or converted square footage is designated for residential use.

This bill would revise the definition of housing development project to, in the case of mixed-use developments with at least ²/₃ of the new or converted square footage designated for residential use, require that no portion of the project be designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except as specified.

This bill would correct cross-references in the Housing Accountability Act.

This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by AB 1308 to be operative only if this bill and AB 1308 are enacted and this bill is enacted last.